|
Is there a difference between disciplinary action against an employee and criminal punishments? Yes. What is the difference between disciplinary action against an employee and criminal charges? Employee disciplinary action can end with termination from job. Criminal punishment can include termination from job, confiscation of assets, and life in prison or even death penalty depending on the criminal offenses. What questions should be answered in case of disciplinary action against a professional? Here are further guidelines. |
|
Obscene behavior Fraud Falsification of records Leaving the premises or site without permission Deliberately ignoring safety/hygiene/security rules and thereby endangering one’s own or another’s physical well-being or safety Refusal to carry out a reasonable work instruction Physically violent behavior Intoxication induced by alcohol or drugs Gross misuse of __________ internet/e-mail system Absence without leave for a short period. Reporting late for duty. The employee leaves the working premises without authorisation. Unauthorised possession of the ________ or anyone else's _______. Drunkenness, the use of liquor or the taking of narcotics on duty. Assault or fighting. Intimidation, incitement or participation in a strike contrary to the Labour Relations Act, 1995. Disobedience, insubordination. Failure to carry out standing instructions. Violence, whether threatening or actual. Fraud or forgery of any document or information. Betting or gambling in any form. Gross negligence. Possession and/or use of drugs. Deliberate damaging of the ________ property. Corruption, bribery, including attempts at bribery and acceptance of a bribe, theft, fraud, dishonesty and making ________. Absence from work without leave for more than five (5) days. Conviction in a criminal court and imprisonment without the choice of a fine. Making private or confidential information known to a third party without the permission of the _______. In posession of or the vieving of _______ material or material that is offensive or discriminatory of nature wheather in printed or computer data format. Distroying or deleting computer data without the employer's consent. Dangerous physical horseplay Neglect causing damage to or loss of _______, ______ or other _____ property/ equipment/tools Serious neglect of safety/hygiene/security rules Smoking in the workplace Consuming intoxicants during working hours or bringing intoxicants into the premises without permission Entry into any unauthorised areas Wilful or excessive wastage of material Unsatisfactory attitude to customers Use of foul language Gambling on the premises Insubordination The action for the first offence is a final written warning and for the second offence dismissal. Level B : SERIOUS MISCONDUCT 1.Sleeping on duty. 2.Failure to report unsafe areas, structures or implements. 3.Failure to use tools or implements according to the standard procedure. 4.Protracted absence. 5.Using insulting and indecent language. 6.Unauthorised collections on the employer's premises. 7.Failure to report the overtime (irrespective of an undertaking to work overtime) without a valid reason. 8.Inadequate or poor service. 9.Ireconcilability. 10.Injuries to others as a result of negligence or rough play during working hours. 11.Littering. 12.Wilful telling of false information. 13.A first offence of absenteeism during the probationary period, namely the first 6 months of service. Level C : LESS SERIOUS CONDUCT MINOR MISCONDUCT Absenteeism Lateness Failure to comply with Absence Notification and Certification Procedure Careless work and poor effort at work Minor breach of safety/hygiene/security rules Extended tea and meal breaks Failure to maintain a tidy and safe working environment Misuse of telephone Excessive time away from the job Failure to wear any protective clothing/equipment provided Failure to complete time/stock or work sheets as instructed Depending on circumstances and the relationship between the ______ and ______, a written warning or final written warning could be given if the relationship between the parties has deteriorated to such an extent that they cannot work together any longer. The action taken must be fair in the circumstances. The action for a first offence is a written warning and for a second offence within the period of validity of the warning already given, a final written warning. For a third offence the action is dismissal. 15.The final test to determine whether an employee should be kept in the employer's service is if the misconduct was so serious that there is no longer any chance for the establishment of a normal trusting relationship between the parties and that reconciliation cannot be brought about. 1.Failure to carry out a reasonable, legal instruction within the time required. 2.Failure to report sickness to the employer. |
|
In what situations can a professional not get disciplinary action?
If guidelines are available publicly, for example www.qureshiuniversity.com, that is scrutinized by many professional publicly worldwide, and the quality of guidelines for professions is appreciated by good charactered, well behaved competent professionals. What can be reasons for disciplinary action against a professional? Non-Internet professional who requires a professional license. |
GUIDELINES FOR PROGRESSIVE DISCIPLINARY ACTION
The following examples are to be used as a guide and are not intended to be all-inclusive. At the occurrence of any ________, the appropriate discipline shall be determined after the particular circumstances of the case have been carefully considered.
|
OFFENSE OR JOB DEFICIENCIES |
FIRST |
SECOND |
THIRD |
FOURTH |
| Unauthorized leave | Written Reprimand | Suspension | Termination | |
| Habitual tardiness or failure to observe assigned work hours | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Abuse of sick leave (Refer to the HRM ADA Policy No. 24 and FMLA Policy No. 30) | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Excessive absenteeism | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Absence of three consecutive work days without notifying the proper departmental authority | Voluntary Resignation | |||
| Leaving work station without authorization | Oral to Written Reprimand | Written reprimand to Suspension | Suspension to Termination | Termination |
| Substandard work performance | (Refer to the ______ Employee Performance Management System Policy No. 16) | |||
| The failure of a designated employee to report to work during an emergency or hazardous weather condition | Suspension to Termination | Termination | ||
| Reporting to work under the influence of alcohol or drugs | Suspension | Termination | (Refer to the ______ Alcohol and Drug Abuse ______ No. 47. Action must be in accordance with State Act on Alcoholism.) | |
| Drinking alcoholic beverages or using illegal drugs on the job | Termination | (Refer to the _______ Alcohol and Drug Abuse ______ No. 47. Action must be in accordance with State Act on Alcoholism.) | ||
| Insubordination (the refusal to obey a direct order from a manager/supervisor) | Suspension | Termination | ||
| Falsification of records or documents or omission of necessary information | Suspension to Termination | Termination | ||
| Falsification of application or omission of essential information used in determining acceptability for employment | Termination | |||
| Stealing (or aiding and abetting such actions of others) | Termination | |||
| Negligence | Written Reprimand | Suspension to Termination | Termination | |
| Willful violation of written rules, regulations or _________ | Written Reprimand | Suspension to Termination | Termination | |
| Negligence involving life or safety of patients or staff | Termination | (Refer to the _____ Patient Neglect and Abuse _______ No. 50) | ||
| Failure to maintain satisfactory or harmonious working relationships with employees or supervisors | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Discourteous treatment of visitors, customers and/or patients | Written Reprimand | Suspension | Termination | |
| Fighting (physical contact) | Suspension to Termination | Termination | ||
| Violation of safety or security _______ and practices (Refer to Occupational Safety and Health _______ No. 2) | Written Reprimand to Suspension | Suspension to Termination | Termination | |
| Failure to comply with ______ regulations and ________ regarding _______ (Refer to ______ Employee Health ______ No. 1) | Written Warning with 15 days to comply | Suspension - Must comply within 15 days or will be terminated | ||
| Violation of smoke-free policy | Written Reprimand to Suspension | Suspension to Termination | Termination | |
| Knowingly stamping/writing on the timecard of another, "swiping" the STAR card of another, or incorrectly reporting time worked | Suspension to Termination | Termination | ||
| Unauthorized use or release of confidential information from patient or employee records or reports | Suspension to Termination | Termination | ||
| Intentional or unintentional alteration and manipulation of computer information; theft of data or hardware; physical damage; misuse of computer equipment; or release of confidential password | Written Reprimand to Termination | Suspension to Termination | Termination | |
| Unauthorized use of State equipment, property or _________ mail services | Written Reprimand to Termination | Suspension to Termination | Termination | |
| Destruction, misuse or defacing property or equipment | Written Reprimand to Termination | Suspension to Termination | Termination | |
| Unauthorized distribution of written or printed material of any kind | Written Reprimand | Suspension to Termination | Termination | |
| Unauthorized possession of firearms or weapons on the job | Termination | (Refer to ______ Weapons at Work _______) | ||
| Sleeping while on duty | Suspension | Termination | ||
| Horseplay | Written Reprimand | Suspension | Termination | |
| Malicious use of profane or abusive language to others | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Loafing | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Interference with other employee's work | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Gambling during work hours | Suspension to Termination | Termination | ||
| Working on personal jobs during work hours | Oral to Written Reprimand | Written Reprimand to Suspension | Suspension | Termination |
| Excessive use of telephone for personal matters | Oral Reprimand | Written Reprimand | Suspension to Termination | Termination |
| Placing unauthorized long distance telephone calls | Suspension | Termination | (The employee will also be required to _______ the department) | |
| Willful false statement to supervisor | Suspension to Termination | Termination | ||
| Threatening or making threatening actions toward another employee | Suspension to Termination | Termination | ||
| Engaging in unlawful work stoppages, slowdown, strikes or other activities that disrupt or disturb the normal operation of the ________ or Department | Written Reprimand to Termination | Suspension to Termination | Termination | |
| Failure to maintain ______ ________ required by law as a condition for performing the job | Suspension to Termination | Termination | ||
| Improper conduct or conduct unbecoming a State employee | Written Reprimand to Termination | Suspension to Termination | Termination | |
| Unauthorized use of State credit card | Suspension to Termination | Termination | ||
| Sexual harassment (Refer to ______ Sexual Harassment _______) | Written Reprimand to Termination | Suspension to Termination | Termination | |
| Charged with committing a crime that reflects on an individual's suitability for continued employment | Suspension to Termination | (With possible reinstatement if acquitted) | ||
| Conviction of any crime that reflects on an employee's suitability for continued employment | Termination |
(With possible reinstatement if acquitted) | ||
| Impeding/interfering with an official investigation | Suspension to Termination | Termination | ||
| Any accumulation of three offenses where the first calls for an oral or written reprimand within a twelve-month period | Suspension to Termination | Termination | ||
| Any accumulation of two suspensions within a twenty-four month period | Termination | |||
| Failure to comply with a written departmental policy | Oral Reprimand to Termination | (Refer to the department’s specific policy) | ||
| Excessive failure to punch timecard or "swipe" STAR card | Oral Reprimand | Written Reprimand | Suspension | Termination |
| Violation of the ______ regulations, i.e. _______ in reserved or restricted areas, fraud, etc. | Written Reprimand to Suspension | Suspension to Termination | Termination | |
| Failure to comply with the ______ Compliance _____ and Codes of Conduct of the ______ and its affiliates, i.e., _______ and ______ for _______ | Oral Reprimand to Termination | (Refer to specific Compliance ______ and Codes of Conduct for additional information.) | ||